Some questions regarding process

[DanielleR 0]

Hello. I am new to this site but I have a few questions I was wondering if anyone could help me out with.

I've tried to do some of this research on my own but it is difficult. I will get a lawyer when formally applying to avoid mistakes but was wondering if anyone had insight before...

 

I am 21 and I want to bring my fiance here from El Salvador. He is also 21 and has a tourist visa for the US. We have been together 1.5 years and have visited each other 5+ times.

He thinks it will be better for me to marry him in El Salvador and petition for him to come here on a CR 1 spousal visa as opposed to applying for a K1 and getting married in the US.

 

How likely is it to get approved? I know that no one can say for sure but is age a big factor in these decisions? I know that we are young. That's why I was thinking a CR 1 would be more likely to get approved if we were already married. He is the family of my friend which is how we met so he has family here as well.

 

I recently obtained a Bachelor's degree and will start working next week where I will be making 50k+ a year. At the time of application (hopefully by the middle of this year), I will not have tax transcripts to support this as I will only be starting working this year. I read that I would have to supply 3 years of tax transcripts which I will not have. Is it less likely to get approved if I have to get a joint supporter to prove I can support him financially while here in the US? I know his extended family would be willing to help. I am staying with my parents right now to save money but will get my own place in a few months and will be fully supporting myself.

 

More questions:

Does one visa (CR 1 vs K 1) have a higher success rate than the other?

What kind of proof of a relationship would I need to have? I have tons and tons of photos of us together on our visits.

On average, how long does the process usually take if approved until he could come here to stay with a CR 1? I know it varies, but any averages?

 

Please have patience for my ignorance.

I am trying to figure this process out on my own and really appreciate any help and guidance. I couldn't find any forum rules so I hope I am not breaking any.

 

Thank you so much.

 

 

[SorrowL 138]

Save your money, you don’t really need an immigration lawyer, if you can follow the guides in this great site and steps listed in the official forms. Plenty of people here can help if you have problems with certain steps too.

 

I personally suggest the I-130 / CR-1 Visa Route as your beneficiary gets residency faster (although you have to be apart for a bit longer) and is able to work and do whatever immediately after entering. Plus it’s cheaper with less fees as no adjustment of status is required.
 

evidence of a bona fide relationship can be Timeline written and explained photographs, travel itineraries, passport stamps, social media posts from yourselves or other individuals, signed affidavits in support of your relationship, Shared accounts, insurance policies, children. 
 

approval time depends on the processing center you’ll get. Can be from 8-16 months. Sometimes faster, sometimes slower. Generally once you clear the USCIS petition phase, and enter the NVC and consular phase, you can expect another 2-3 months until a visa is in hand, although this can also fluctuate greatly based on consulate and situation.
 

visits in between the two of you aren’t an issue, if eligible for ESTA/VWP, that can be utilized up to 90 days per stay, with evidence proving that the visitor will exit the country. It’s good to not overuse any visitor ESTA or visa.
 

Depending on how long the situation will take, you may be able to include your 2020 tax returns with your I-864 if you go the CR-1 route, as processing times can take around a year, so if you file taxes at the start of January and then apply the NVC filed it could work out with your new income. You should scope out a joint sponsor just in case though! 
 

welcome to VisaJourney!

Edited January 20, 2020 by SorrowL

[geowrian 22,338]

Both of you being young adults is not an issue.

 

CR-1 is generally better overall, plus you have more options in the event of a denial. A refused K-1 that is sent back to USCIS will sit to die.

K-1 is a little faster. That's about it.

 

The CR-1 process is taking ~12-16 months on average. Once he has the visa, he has until it expires to enter - generally 6 months from the medical exam.

Obviously this can change in the coming 12-16 months.

[pushbrk 13,043]

K1 is faster to be together but he cannot work or travel internationally for 6 to 9 months after using the visa to enter.  CR1 takes a few months longer but work authorization and ability to travel internationally is immediate upon entry.  

 

Odds of approval are not relevant.  Not a consideration at all.

[NikLR 13,231]

~•moved to what visa do i need from IR1/CR1 process and procedures. Op is not decided on a process~~